Alabama 2022 Regular Session

Alabama Senate Bill SB246 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 SB246
2	2	2 215971-2
3	3	3 By Senators Givhan, Roberts and Chesteen
4	4	4 RFD: Fiscal Responsibility and Economic Development
5	5	5 First Read: 22-FEB-22
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7	7	Page 0 1 215971-2:n:02/08/2022:AHP/cmg LSA2021-2560R1
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14	14	8 SYNOPSIS: Existing law provides the Home Builders
15	15	9 Licensure Board with authority to adopt residential
16	16	10 building codes and standards of practices for
17	17	11 residential home builders within this state and
18	18	12 allows county commissions and municipalities to
19	19	13 adopt building laws and codes within their
20	20	14 respective jurisdictions.
21	21	15 This bill would create the Alabama
22	22	16 Residential Building Code Advisory Council to
23	23	17 recommend an Alabama Residential Building Code to
24	24	18 be based upon the International Residential Code
25	25	19 and the residential chapters of the International
26	26	20 Energy Conservation Code to be adopted by the Home
27	27	21 Builders Licensure Board.
28	28	22 This bill would require counties and
29	29	23 municipalities that enforce residential building
30	30	24 laws or codes to comply with the minimum standards
31	31	25 set by the Alabama Residential Building Code.
32	32	26 This bill would require residential home
33	33	27 builders in this state to build, renovate, and
34	34	Page 1 1 repair residences in accordance with the minimum
35	35	2 standards set by the Alabama Residential Building
36	36	3 Code.
37	37	4 This bill would establish the Alabama
38	38	5 Residential Building Code Division within the Home
39	39	6 Builders Licensure Board and provide for the
40	40	7 authority and jurisdiction of the division.
41	41	8 This bill would establish the Alabama
42	42	9 Residential Building Code Fund for use by the
43	43	10 Alabama Residential Building Code Division for
44	44	11 purposes of administrative operations and
45	45	12 implementation of the Alabama Residential Building
46	46	13 Code and assisting local governments in the
47	47	14 implementation and enforcement of a local building
48	48	15 code.
49	49	16 This bill would allow the Alabama
50	50	17 Residential Building Code Division to provide funds
51	51	18 for grants designed to promote residential building
52	52	19 code enforcement operations among local
53	53	20 jurisdictions.
54	54	21 This bill would also create the Alabama
55	55	22 Commercial Energy Code Board and provide for its
56	56	23 composition and authority.
57	57	24
58	58	25 A BILL
59	59	26 TO BE ENTITLED
60	60	27 AN ACT
61	61	Page 2 1
62	62	2 Relating to home building and home improvement; to
63	63	3 amend Sections 27-2-39, 34-14A-1, 34-14A-2, 34-14A-7,
64	64	4 34-14A-12, 34-14A-20, 41-23-80, 41-23-81, 41-23-82, 41-23-84,
65	65	5 and 41-23-85, Code of Alabama 1975; to provide for the
66	66	6 adoption of the Alabama Residential Building Code for use in
67	67	7 construction, renovation, or repair of residences; to
68	68	8 establish the Alabama Residential Building Code Division
69	69	9 within the Home Builders Licensure Board; to establish the
70	70	10 Alabama Residential Building Code Fund for certain uses; to
71	71	11 provide for the issuance of grant funds in certain cases; and
72	72	12 to create the Alabama Commercial Energy Code Board and provide
73	73	13 for its composition and authority.
74	74	14 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
75	75	15 Section 1. Sections 27-2-39, 34-14A-1, 34-14A-2,
76	76	16 34-14A-7, 34-14A-12, and 34-14A-20, Code of Alabama 1975, are
77	77	17 amended to read as follows:
78	78	18 "§27-2-39.
79	79	19 "(a) There is created a fund in the State Treasury
80	80	20 designated the "Insurance Department Fund" to be used for the
81	81	21 operation of the Department of Insurance. Receipts deposited
82	82	22 into this fund shall be disbursed only by warrants of the
83	83	23 state Comptroller drawn upon the State Treasury on itemized
84	84	24 vouchers approved by the Commissioner of Insurance. No funds
85	85	25 shall be withdrawn or expended except as budgeted and allotted
86	86	26 according to Sections 41-4-80 to 41-4-96, inclusive, and
87	87	27 41-19-1 to 41-19-12, inclusive, and only in amounts as
88	88	Page 3 1 stipulated in the general appropriations act, other
89	89	2 appropriation acts, or this section. At the end of each fiscal
90	90	3 year, any unencumbered and unexpended balance of up to 25
91	91	4 percent of the amount appropriated for that fiscal year shall
92	92	5 not revert to the State General Fund under Section 41-4-93,
93	93	6 but shall carry over to the next fiscal year.
94	94	7 "(b) Notwithstanding any other provision of law, the
95	95	8 Commissioner of Insurance shall promptly pay all sums, fees,
96	96	9 taxes, licenses, renewals, and other miscellaneous charges
97	97	10 collected pursuant to Sections 10-4-111, 27-2-16, 27-3-29,
98	98	11 27-4-2, 27-7-7, 27-8-1, 27-8-5, 27-13-5, 27-13-24, 27-13-62,
99	99	12 27-21A-21, 27-34-6, 27-34-36, 27-34-47, and 27-39-6, and
100	100	13 27-39-7, other than those fines, penalties, and deposit
101	101	14 requirements collected pursuant to Section 27-3-29, and other
102	102	15 than those fees collected pursuant to Chapter 8A of Title 27
103	103	16 for deposit into the Insurance Agents and Brokers Continuing
104	104	17 Education Fund, into the State Treasury with 50 45 percent
105	105	18 credited to the State General Fund, five percent credited to
106	106	19 the Alabama Residential Building Code Fund, and 50 percent
107	107	20 credited to the Insurance Department Fund.
108	108	21 "§34-14A-1.
109	109	22 "In the interest of the public health, safety,
110	110	23 welfare, and consumer protection and to regulate the home
111	111	24 building and private residence construction industry, the
112	112	25 purpose of this chapter, and the intent of the Legislature in
113	113	26 passing it, is to provide for the licensure of those persons
114	114	27 who engage in home building, private residence construction,
115	115	Page 4 1 and home improvement industries, including remodeling, and to
116	116	2 provide home building standards establish an Alabama
117	117	3 Residential Building Code, and to provide guidance,
118	118	4 assistance, and support to local jurisdictions in adopting
119	119	5 residential building codes and establishing residential
120	120	6 permitting and inspection programs, and to support education
121	121	7 within the construction trades and construction inspections in
122	122	8 the State of Alabama. The Legislature recognizes that the home
123	123	9 building and home improvement construction industries are
124	124	10 significant industries. Home builders may pose significant
125	125	11 Significant harm to the public may result from the provision
126	126	12 of when unqualified, incompetent, or dishonest home builders
127	127	13 and remodelers provide inadequate, unsafe, or inferior
128	128	14 building services by unqualified, incompetent, or dishonest
129	129	15 home builders and remodelers. The Legislature finds it
130	130	16 necessary to regulate the residential home building and home
131	131	17 improvement industries.
132	132	18 "§34-14A-2.
133	133	19 "As used in this chapter, the following terms shall
134	134	20 have the following meanings, respectively, unless the context
135	135	21 clearly indicates otherwise:
136	136	22 "(1) ADVERTISING. Engaging or offering to engage in
137	137	23 any acts or services as a residential home builder by the act
138	138	24 or practice of offering for sale professional services by
139	139	25 promoting those services through print, radio or television
140	140	26 media, on billboards, through social media, through
141	141	27 promotional sponsorships, on vehicles, by the placement of
142	142	Page 5 1 signs in front of ongoing or completed worksites, and by
143	143	2 displaying credentials, including licensure, to perform
144	144	3 residential homebuilding.
145	145	4 "(2) ALABAMA RESIDENTIAL BUILDING CODE. The code
146	146	5 adopted by the board, as amended by the board, and based on a
147	147	6 published edition of the International Residential Code, and
148	148	7 the residential chapters of a published edition of the
149	149	8 International Energy Conservation Code.
150	150	9 "(3) APPLICABLE RESIDENTIAL BUILDING CODE. The
151	151	10 Alabama Residential Building Code or a local residential
152	152	11 building code adopted by the county or municipality, pursuant
153	153	12 to this chapter, where the construction, renovation, or
154	154	13 repairs will take place.
155	155	14 "(1) ADVISORY COUNCIL. The Alabama Construction
156	156	15 Trade Advisory Council.
157	157	16 "(2)(4) BOARD. The Home Builders Licensure Board.
158	158	17 "(5) BUILDING INSPECTOR. Anyone who performs
159	159	18 inspections upon any structure governed by this chapter on
160	160	19 behalf of any local or state governing authority, or as a
161	161	20 private inspector as set forth in this chapter.
162	162	21 "(3)(6) COST OF THE UNDERTAKING. The total cost of
163	163	22 the materials, labor, supervision, overhead, and profit.
164	164	23 "(7) COUNCIL. The Alabama Residential Building Code
165	165	24 Advisory Council.
166	166	25 "(8) DIVISION. The Alabama Residential Building Code
167	167	26 Division.
168	168	Page 6 1 "(4)(9) HOMEOWNER. A person who owns and resides in
169	169	2 or intends to reside in a structure constructed or remodeled
170	170	3 by a licensee of the board, or who contracts with a licensee
171	171	4 for the purchase, construction, repair, improvement, or
172	172	5 reimprovement of a structure to be used as a residence.
173	173	6 "(5)(10) IMPROVEMENT. Any site-built addition or
174	174	7 enhancement attached to or detached from a residence or
175	175	8 structure for use and enjoyment by the homeowner.
176	176	9 "(6)(11) INACTIVE LICENSE. A license issued at the
177	177	10 request of a licensee, or a building official or a building
178	178	11 inspector, that is renewable, but that is not currently valid.
179	179	12 "(7)(12) LICENSE. Any license issued by the board
180	180	13 pursuant to this chapter.
181	181	14 "(8)(13) LICENSEE. A holder of any license issued
182	182	15 pursuant to this chapter.
183	183	16 "(9)(14) PERSON. Any natural person, limited or
184	184	17 general partnership, corporation, association, limited
185	185	18 liability company, or other legal entity, or any combination
186	186	19 thereof.
187	187	20 "(10)(15) QUALIFYING REPRESENTATIVE. The individual
188	188	21 designated by a general partnership, limited partnership,
189	189	22 corporation, limited liability company, or not-for-profit
190	190	23 organization applying for a license who either holds a license
191	191	24 individually or meets the experience and ability requirements
192	192	25 for licensure, and who is one of the following:
193	193	26 "a. A general partner in the case of any
194	194	27 partnership.
195	195	Page 7 1 "b. An officer in the case of a corporation.
196	196	2 "c. A member in the case of a member-managed limited
197	197	3 liability company.
198	198	4 "d. A manager in the case of a manager-managed
199	199	5 limited liability company.
200	200	6 "e. A natural person who is affiliated with one of
201	201	7 the member entities of the limited liability company and who,
202	202	8 as a natural person, has been identified and authorized
203	203	9 through the operating agreement to manage day-to-day
204	204	10 operations as it relates to operations of the limited
205	205	11 liability company for purposes of licensure.
206	206	12 "(11)(16) RESIDENCE. A single unit providing
207	207	13 complete independent residential living facilities for one or
208	208	14 more persons, including permanent provisions for living,
209	209	15 sleeping, eating, cooking, and sanitation.
210	210	16 "(12)(17) RESIDENTIAL HOME BUILDER. A person who
211	211	17 constructs a residence or structure for sale or who, for a
212	212	18 fixed price, commission, fee, or wage, undertakes or offers to
213	213	19 undertake the construction or superintending of the
214	214	20 construction, or who manages, supervises, assists, or provides
215	215	21 consultation to a homeowner regarding the construction or
216	216	22 superintending of the construction, of any residence or
217	217	23 structure that is not over three floors in height and that
218	218	24 does not have more than four residential units, or the repair,
219	219	25 improvement, or reimprovement thereof, to be used by another
220	220	26 as a residence when the cost of the undertaking exceeds ten
221	221	27 thousand dollars ($10,000). Notwithstanding the foregoing, the
222	222	Page 8 1 term includes a residential roofer when the cost of the
223	223	2 undertaking exceeds two thousand five hundred dollars
224	224	3 ($2,500). Nothing herein shall prevent any person from
225	225	4 performing these acts on his or her own residence or on his or
226	226	5 her other real estate holdings. Anyone who engages or offers
227	227	6 to engage in any acts described in this subdivision, through
228	228	7 advertising or otherwise, shall be deemed to have engaged in
229	229	8 the business of residential home building.
230	230	9 "(13)(18) RESIDENTIAL ROOFER. A person who installs
231	231	10 products or repairs surfaces on the external upper covering of
232	232	11 a residence or structure that seals, waterproofs, or
233	233	12 weatherproofs the residence or structure.
234	234	13 "(14)(19) STRUCTURE. A residence on a single lot,
235	235	14 including a site-built home, a condominium, a duplex, or
236	236	15 multi-unit residential building consisting of not more than
237	237	16 four residential units, or any improvement thereto.
238	238	17 "(15)(20) TRANSACTION. The act of entering into a
239	239	18 contract with a licensee to engage in the business of
240	240	19 residential home building.
241	241	20 "§34-14A-7.
242	242	21 "(a) Any residential home builder who desires to
243	243	22 receive a new or renewal license under this chapter shall make
244	244	23 and file with the board 30 days prior to the next meeting of
245	245	24 the board a written application on a form prescribed by the
246	246	25 board. Each applicant shall be a citizen of the United States
247	247	26 or, if not a citizen of the United States, a person who is
248	248	27 legally present in the United States with appropriate
249	249	Page 9 1 documentation from the federal government. Such application
250	250	2 shall be accompanied by the payment of the annual license fee
251	251	3 required by the board. After the board accepts the
252	252	4 application, the applicant may be examined by the board at its
253	253	5 next meeting. The board, in examining the applicant, shall
254	254	6 consider the following qualifications of the applicant:
255	255	7 "(1) Experience.
256	256	8 "(2) Ability.
257	257	9 "(3) Character.
258	258	10 "(4) Business-related financial condition.
259	259	11 "a. The board may require a financial statement on a
260	260	12 form prescribed by the board and a public records search
261	261	13 directly from a credit reporting agency.
262	262	14 "b. The board may require a positive net worth or
263	263	15 other evidence of business-related financial condition
264	264	16 sufficient to reasonably satisfy the board of the applicant's
265	265	17 financial responsibility.
266	266	18 "c. The board may require that business-related
267	267	19 judgments, judgment liens, and other perfected liens must be
268	268	20 satisfied and released.
269	269	21 "d. Any information obtained by the board pursuant
270	270	22 to this subsection relating to the financial condition of an
271	271	23 applicant shall not be public information.
272	272	24 "(5) Ability and willingness to serve the public and
273	273	25 conserve the public health and safety.
274	274	26 "(6) Any other pertinent information the board may
275	275	27 require.
276	276	Page 10 1 "(b)(1) If the board finds the applicant qualified
277	277	2 to engage in residential home building in Alabama, the
278	278	3 applicant shall be issued a license. An applicant rejected by
279	279	4 the board shall be given an opportunity to be reexamined after
280	280	5 a new application has been filed and an additional application
281	281	6 fee paid.
282	282	7 "(2) A record shall be made and preserved by the
283	283	8 board of each examination and the findings of the board
284	284	9 pertaining to the examination. A copy of the record shall be
285	285	10 made available to any applicant requesting it upon the payment
286	286	11 of a reasonable fee to the board.
287	287	12 "(c) The board, by rule, may require proof of and
288	288	13 maintenance of insurance as a qualification for licensure.
289	289	14 "(d) The board, by rule, may establish or adopt, or
290	290	15 both, education requirements and may approve, administer, or
291	291	16 financially support the program or programs providing
292	292	17 residential construction education.
293	293	18 "(e)(1) Each licensee shall notify the board within
294	294	19 10 days after notice of the institution of any criminal
295	295	20 prosecution against him or her. The notification shall be in
296	296	21 writing, by certified mail, and shall include a copy of the
297	297	22 specific charge made together with a copy of the indictment,
298	298	23 information, or complaint, affidavit, and warrant making the
299	299	24 charges.
300	300	25 "(2) Each licensee shall notify the board in writing
301	301	26 by certified mail within 10 days after he or she receives the
302	302	27 notice that any criminal verdict has been rendered against him
303	303	Page 11 1 or her, or that a criminal action pending against him or her
304	304	2 has been dismissed.
305	305	3 "(f) Each licensee shall utilize a valid written
306	306	4 contract when engaging in the business of residential home
307	307	5 building.
308	308	6 "(g) Each licensee shall include a valid license
309	309	7 number issued by the board on all valid written contracts and
310	310	8 in any advertising.
311	311	9 "(g)(h) When any residential home building to be
312	312	10 performed will comply with a program designed to enhance the
313	313	11 resiliency of the structure beyond the requirements of the
314	314	12 applicable building codes, the licensee shall disclose this
315	315	13 compliance to the homeowner in writing prior to the
316	316	14 commencement of the residential home building.
317	317	15 "(h)(1)(i)(1) Any licensee who desires to receive an
318	318	16 inactive license shall make and file with the board a written
319	319	17 application for an inactive license on a form prescribed by
320	320	18 the board prior to the expiration of his or her current
321	321	19 license. The application shall be accompanied by the payment
322	322	20 of the annual inactive license fee required by the board. No
323	323	21 act for which a license is required may be performed under an
324	324	22 inactive license. In the event a person holding a current
325	325	23 inactive license applies for a license, he or she may rely
326	326	24 upon his or her inactive license as evidence of the experience
327	327	25 and ability requirements for licensure under subdivisions (1)
328	328	26 and (2) of subsection (a).
329	329	Page 12 1 "(2) A person holding an expired license who seeks
330	330	2 to reactivate his or her license within three years of the
331	331	3 date of expiration shall be deemed to have satisfied the
332	332	4 experience and ability requirements for licensure if
333	333	5 application is made within the three-year time period and all
334	334	6 other licensing requirements pursuant to subsection (a) have
335	335	7 been met.
336	336	8 "(3) Any building official or building inspector who
337	337	9 desires to receive an inactive license shall make and file
338	338	10 with the board 30 days prior to the next meeting of the board
339	339	11 a written application for an inactive license on a form
340	340	12 prescribed by the board. After the board accepts the
341	341	13 application, the applicant may be examined by the board at its
342	342	14 next board meeting. The board, in examining the applicant,
343	343	15 shall consider the following qualifications of the applicant
344	344	16 as satisfying the experience and ability requirements for
345	345	17 licensure:
346	346	18 "a. That the building inspector is an employee of
347	347	19 the United States, the State of Alabama, or any municipality,
348	348	20 county, or other political subdivision and, by virtue of that
349	349	21 employment, is exempted or prohibited by law from holding a
350	350	22 license; and
351	351	23 "b. That the building inspector does any of the
352	352	24 following:
353	353	25 "1. Maintains current certification from the
354	354	26 Southern Building Code Congress International as one of the
355	355	27 following:
356	356	Page 13 1 "(i) Chief building official.
357	357	2 "(ii) Deputy building official.
358	358	3 "(iii) Building inspector.
359	359	4 "(iv) Housing inspector.
360	360	5 "(v) Design professional.
361	361	6 "(vi) Plan reviewer.
362	362	7 "2. Maintains current certification from the
363	363	8 International Code Council as one of the following:
364	364	9 "(i) Certified building official.
365	365	10 "(ii) Building inspector.
366	366	11 "(iii) Residential building inspector.
367	367	12 "(iv) Property maintenance and housing inspector.
368	368	13 "(v) Building plans examiner.
369	369	14 "(vi) Design professional.
370	370	15 "3. Possesses sufficient building qualifications and
371	371	16 experience to receive a license, as demonstrated by
372	372	17 satisfactory evidence presented to the board.
373	373	18 "(4) In the event a building official or building
374	374	19 inspector holding a current inactive license applies for a
375	375	20 license, he or she may rely upon his or her inactive license
376	376	21 as evidence of the experience and ability requirements for
377	377	22 licensure under subdivisions (1) and (2) of subsection (a).
378	378	23 "§34-14A-12.
379	379	24 "(a) The board may establish or adopt residential
380	380	25 building codes and standards of practice for residential home
381	381	26 builders within the state. A residential building code or
382	382	27 standard of practice adopted or established by the board does
383	383	Page 14 1 not supersede or otherwise exempt residential home builders
384	384	2 from a local building law or code adopted by the governing
385	385	3 body of a county or municipality or from a local or general
386	386	4 law.
387	387	5 "(a)(1) The board shall adopt the Alabama
388	388	6 Residential Building Code based on the International
389	389	7 Residential Building Code. The code shall be enforced by local
390	390	8 jurisdictions that have permitting and inspection programs for
391	391	9 residential construction, renovation, or repairs and adhered
392	392	10 to by residential home builders. The Alabama Residential
393	393	11 Building Code shall not supersede any local residential
394	394	12 building code adopted by any county or municipality in effect
395	395	13 at the time the local residential building code is adopted.
396	396	14 Provided however, any local building code adopted or amended
397	397	15 by any county or municipality after the effective date of this
398	398	16 act shall meet the minimum standards of the Alabama
399	399	17 Residential Building Code in effect at the time of the local
400	400	18 building code adoption or amendment.
401	401	19 "(2) This section shall be the sole statewide
402	402	20 statutory authority governing residential construction within
403	403	21 this state.
404	404	22 "(3) The Alabama Residential Building Code shall not
405	405	23 apply to any agricultural building except for any residence
406	406	24 contained therein.
407	407	25 "(b)(1) Beginning January 1, 2027, a residential
408	408	26 home builder within this state who constructs, renovates, or
409	409	27 repairs a residence or structure, shall do so in accordance
410	410	Page 15 1 with the minimum standards set forth in the applicable
411	411	2 residential building code.
412	412	3 (2) For those residences subject to a mortgage, at
413	413	4 time of completion, the mortgagor shall submit to the lender
414	414	5 the permit, all inspection reports, and any required
415	415	6 certificate of occupancy as proof that the inspections
416	416	7 required by the applicable residential building code have been
417	417	8 conducted. Nothing herein shall impose any duty or obligation
418	418	9 upon a lender to obtain permits and inspection reports, impose
419	419	10 liability of any type upon a lender who does or does not
420	420	11 obtain permits or inspection reports, or limit the
421	421	12 enforceability of the lender's mortgage.
422	422	13 "(b)(c) The county commissions of the several
423	423	14 counties may adopt building laws and codes by ordinance which
424	424	15 shall apply in the unincorporated areas of the county. The
425	425	16 building laws and codes of the county commission shall not
426	426	17 apply within any municipal police jurisdiction, in which that
427	427	18 municipality is exercising its building laws or codes, without
428	428	19 the express consent of the governing body of that
429	429	20 municipality. The building laws and codes of the county
430	430	21 commission may apply within the corporate limits of any
431	431	22 municipality with the express consent of the governing body of
432	432	23 the municipality. The county commission may employ building
433	433	24 inspectors to see that its laws or codes are not violated and
434	434	25 that the plans and specifications for buildings are not in
435	435	26 conflict with the ordinances of the county and may exact fees
436	436	27 to be paid by the owners of the property inspected.
437	437	Page 16 1 "(c)(d) Utilizing the same authority and procedures
438	438	2 as municipalities pursuant to Sections 11-53A-20 to 11-53A-26,
439	439	3 inclusive, the county commission may condemn buildings, parts
440	440	4 of buildings, or structures dangerous to the public and
441	441	5 prohibit the use thereof and abate the same as a nuisance.
442	442	6 "(d)(e) The county commissions, municipalities, and
443	443	7 other public entities may enter into mutual agreements,
444	444	8 compacts, and contracts for the administration and enforcement
445	445	9 of their respective building laws and codes.
446	446	10 "(f) Nothing in this section shall be construed to
447	447	11 restrict the power of any county or municipality to adopt and
448	448	12 enforce local building laws or codes that either comply with
449	449	13 or exceed the minimum standards so long as adopted or amended
450	450	14 as set forth in this chapter.
451	451	15 "§34-14A-20.
452	452	16 "(a) The Alabama Construction Trade Academy Fund is
453	453	17 established in the State Treasury. The fund shall be comprised
454	454	18 of federal, state, and private funding through direct
455	455	19 budgetary funding and grants for the expansion of construction
456	456	20 trade education. To the extent practicable, monies in the fund
457	457	21 shall be used to leverage other forms of funding from private
458	458	22 sources. A percentage of matching funds, as established by the
459	459	23 advisory council, must come from private, non-governmental
460	460	24 sources. The board may not use more than 15 percent of the
461	461	25 monies in the fund for administrative and operational costs
462	462	26 incurred in the implementation and administration of this
463	463	27 section.
464	464	Page 17 1 "(b) The board, in cooperation with public and
465	465	2 private sector partners, shall establish a program to provide
466	466	3 funding mechanisms for tool grants, program incentives,
467	467	4 supplies, mobile facilities, and other programs to support the
468	468	5 development and continuation of construction trade education
469	469	6 programs in the state.
470	470	7 "(c) The board shall administer the program and
471	471	8 shall may apply for funds from federal grant programs and
472	472	9 other applicable funding sources authorized by law.
473	473	10 "(d)(1) The Alabama Construction Trade Advisory
474	474	11 Council is established. The advisory council shall consist of
475	475	12 the following members:
476	476	13 "a. One member appointed by and currently serving on
477	477	14 the Home Builders Licensure Board.
478	478	15 "b. One member appointed by and currently serving on
479	479	16 the State of Alabama Plumbers and Gas Fitters Examining Board.
480	480	17 "c. One member appointed by and currently serving on
481	481	18 the Licensing Board for General Contractors.
482	482	19 "d. One member appointed by and currently serving on
483	483	20 the State Board of Heating, Air Conditioning, and
484	484	21 Refrigeration Contractors.
485	485	22 "e. One member appointed by and currently serving on
486	486	23 the Alabama Board of Electrical Contractors.
487	487	24 "f. One appointee of the State Department of
488	488	25 Education who specializes in technical trade education.
489	489	26 "g. One appointee of the Alabama Community College
490	490	27 System who specializes in technical trade education.
491	491	Page 18 1 "(2) Members of the advisory council shall be
492	492	2 appointed for a period of one year. Membership on the advisory
493	493	3 council shall be without compensation, except for
494	494	4 reimbursement of necessary travel expenses as is paid to state
495	495	5 employees for attending meetings and other necessary events of
496	496	6 the advisory council. Any expenses paid to a member of the
497	497	7 advisory council shall be paid by the member's appointing
498	498	8 authority.
499	499	9 "(e) The advisory council shall make recommendations
500	500	10 to the board, and the board shall establish program
501	501	11 guidelines, promote the program statewide, evaluate
502	502	12 applications for funds, distribute funds, and monitor and
503	503	13 report the effect of the funding on the availability of
504	504	14 construction trade education. The board may adopt rules to
505	505	15 implement and administer this section.
506	506	16 "(f) The advisory council shall recommend and the
507	507	17 board shall establish monitoring and accountability mechanisms
508	508	18 for projects receiving funding. Not later than the fifth
509	509	19 legislative day of each regular legislative session, the board
510	510	20 shall file a report to the Legislature on the projects funded,
511	511	21 the geographic distribution of projects funded, the private
512	512	22 sector participation rates in funded projects, the
513	513	23 administrative costs of the program, and the outcomes of the
514	514	24 program, including the number of students and adult learners
515	515	25 trained by each project funded through the program.
516	516	26 "(g) The advisory council shall recommend and the
517	517	27 board shall create eligibility guidelines and provide project
518	518	Page 19 1 funding through an application process. Projects eligible for
519	519	2 funding include the following:
520	520	3 "(1) Mobile demonstration units that show the
521	521	4 various systems of a structure and how they interconnect.
522	522	5 "(2) Tool and supply grants for public and private
523	523	6 educational providers that provide construction trade
524	524	7 education.
525	525	8 "(3) Incentives for newly established construction
526	526	9 trade education courses, with priority given to carpentry
527	527	10 courses.
528	528	11 "(4) Adult education initiatives that provide
529	529	12 continued learning opportunities through mobile training
530	530	13 facilities or distance learning opportunities with priority
531	531	14 focus on those serving underserved areas and widely offered
532	532	15 trainings.
533	533	16 "(5) Any other proposal that in the opinion of the
534	534	17 board would address the need for construction trade education
535	535	18 in the state.
536	536	19 "(h) An applicant may be a nonprofit organization,
537	537	20 not-for-profit entity, public school system, two-year college,
538	538	21 university, or other governmental entity. An applicant for
539	539	22 funding shall do all of the following:
540	540	23 "(1) Demonstrate its capacity to successfully
541	541	24 implement the proposal.
542	542	25 "(2) Demonstrate how the proposal shall positively
543	543	26 impact construction trade education in the state.
544	544	Page 20 1 "(3) Demonstrate private sector support through
545	545	2 matching funding.
546	546	3 "(4) Establish an advisory council consisting of at
547	547	4 least three active trade representatives from the construction
548	548	5 trade being funded.
549	549	6 "(5) For a period of not less than five years, agree
550	550	7 to comply with the following conditions:
551	551	8 "a. Offer the courses funded through this section
552	552	9 for a period of not less than five years.
553	553	10 "b. Comply with all data collection and reporting
554	554	11 requirements established by the board.
555	555	12 "(i) In determining which qualified projects to
556	556	13 fund, the board shall consider all of the following factors:
557	557	14 "(1) The level of private sector support for the
558	558	15 project.
559	559	16 "(2) The level of need in the area in which the
560	560	17 funding is directed.
561	561	18 "(3) The projected number of students that will be
562	562	19 served.
563	563	20 "(4) The degree to which the project will have a
564	564	21 positive impact on the availability of construction trade
565	565	22 education in the area to be served.
566	566	23 "(5) The degree to which the project will leverage
567	567	24 public and private sector funds.
568	568	25 "(j) The board shall establish program guidelines
569	569	26 that require matching funds on all funded projects. A minimum
570	570	27 of 10 percent of matching funds shall be provided by private,
571	571	Page 21 1 non-governmental sources. Total matching funds required may
572	572	2 not be required to exceed 25 percent of awarded state funds,
573	573	3 although additional consideration may be provided to projects
574	574	4 that exceed this amount.
575	575	5 "(k) In the event that a recipient of funding
576	576	6 provided by this section fails to provide the proposed project
577	577	7 in accordance with the guidelines set forth by the board, any
578	578	8 equipment, supplies, or materials acquired with the funding
579	579	9 shall be transferred to the Alabama Home Builders Foundation
580	580	10 for redistribution to public or private programs that provide
581	581	11 construction trade education to high school, postsecondary, or
582	582	12 adult learners supported by this section.
583	583	13 "(l) Any and all proceeds from the sale of
584	584	14 equipment, supplies, or materials acquired through academy
585	585	15 funding shall go into the fund."
586	586	16 Section 2. (a) The Alabama Residential Building Code
587	587	17 Division is established within the Home Builders Licensure
588	588	18 Board. The executive director of the board may employ staff as
589	589	19 necessary for this division pursuant to Section 34-14A-4. The
590	590	20 board and the division's statutory administration and
591	591	21 enforcement obligations pursuant to this chapter shall be
592	592	22 contingent upon the appropriation of funding.
593	593	23 (b) The division shall be responsible for taking
594	594	24 action upon any and all recommendations made by the Alabama
595	595	25 Residential Building Code Advisory Council and ratified by the
596	596	26 board for the furtherance of its statutory purpose.
597	597	Page 22 1 (c) The funds allocated to the Alabama Residential
598	598	2 Building Code Fund may be used by the division for purposes of
599	599	3 the administration and enforcement of the Alabama Residential
600	600	4 Building Code in those areas where a municipality or county
601	601	5 does not permit or license residential construction,
602	602	6 renovation, or repair, including, but not limited to, the
603	603	7 following:
604	604	8 (1) Hiring staff, including, but not limited to, the
605	605	9 following:
606	606	10 a. The division administrator.
607	607	11 b. Programs support personnel.
608	608	12 c. Administrative support personnel.
609	609	13 d. Any other personnel as identified by the board or
610	610	14 executive director to carry out the statutory purpose of the
611	611	15 division for the administration, implementation, and
612	612	16 enforcement of the Alabama Residential Building Code.
613	613	17 (2) Providing incentives to encourage local
614	614	18 residential building code adoption and enforcement, including,
615	615	19 but not limited to, assisting with the development of local
616	616	20 government cooperatives for the permitting, inspection, and
617	617	21 enforcement of a residential building code in the respective
618	618	22 jurisdiction.
619	619	23 (3) Providing standards and certification
620	620	24 requirements for private fee-based code inspectors, who would
621	621	25 perform the required inspections in those local jurisdictions
622	622	26 that have not implemented a residential building permit and
623	623	27 inspection program. For those structures located outside of
624	624	Page 23 1 any local jurisdiction that exercises its authority to adopt
625	625	2 and enforce a local building code, if the inspection has not
626	626	3 been conducted, construction may resume on the beginning of
627	627	4 the following third business day after a home builder has
628	628	5 requested an inspection. The board shall establish a process
629	629	6 of documentation, which may include a self-reporting form,
630	630	7 electronic verification, photographic/video verification, or
631	631	8 any other method the board may deem appropriate, that the
632	632	9 builder shall perform prior to resumption of construction of
633	633	10 those structures.
634	634	11 (d) The division may apply for funds from federal
635	635	12 grant programs and other applicable funding sources authorized
636	636	13 by law in order to support local adoption and implementation
637	637	14 of the Alabama Residential Building Code. The division may
638	638	15 also partner with other state agencies to receive and
639	639	16 distribute additional funds that may become available for this
640	640	17 purpose.
641	641	18 (e) The division shall work with the State Energy
642	642	19 Office to ensure that all applicable federal regulations
643	643	20 regarding the residential energy code are met.
644	644	21 Section 3. The Alabama Residential Building Code
645	645	22 Fund is established within the State Treasury for the use of
646	646	23 the division. Receipts deposited into the fund shall be
647	647	24 disbursed only by warrants of the state Comptroller drawn upon
648	648	25 the State Treasury on itemized vouchers approved by the
649	649	26 Executive Director of the board. No funds shall be withdrawn
650	650	27 or expended except as budgeted and allotted according to
651	651	Page 24 1 Sections 41-4-80 to 41-4-96, Code of Alabama 1975, inclusive,
652	652	2 and 41-19-1 to 41-19-12, Code of Alabama 1975, inclusive, and
653	653	3 only in amounts as stipulated in the general appropriations
654	654	4 act, other appropriation acts, or this section. At the end of
655	655	5 each fiscal year, any unencumbered balance of up to 25 percent
656	656	6 of the amount appropriated for that fiscal year shall not
657	657	7 revert to the State General Fund under Section 41-4-93, Code
658	658	8 of Alabama 1975, but shall carry over to the next fiscal year
659	659	9 within the Alabama Residential Building Code Fund, and any
660	660	10 unencumbered balance over 25 percent of the amount
661	661	11 appropriated for that fiscal year shall be transferred to the
662	662	12 Strengthen Alabama Homes Fund.
663	663	13 Section 4. (a) The Alabama Residential Building Code
664	664	14 Advisory Council is established. Upon the request of the Home
665	665	15 Builders Licensure Board, the council shall submit a proposed
666	666	16 minimum statewide residential building code to the board for
667	667	17 consideration. The board may adopt or amend the proposed
668	668	18 minimum statewide residential building code prior to adoption.
669	669	19 The proposed minimum statewide residential building code
670	670	20 submitted for consideration and adoption shall be based upon a
671	671	21 published edition of the Alabama Energy and Residential Code
672	672	22 as adopted and amended from the International Residential Code
673	673	23 (IRC) and the International Energy Conservation Code (IECC).
674	674	24 Subsequent recommendations for adoptions or amendments to the
675	675	25 Alabama Residential Building Code shall be based upon
676	676	26 published editions of the IRC and IECC. Consideration shall
677	677	27 also be given to provisions for sealed roof decks and related
678	678	Page 25 1 roof construction standards contained in either the Coastal
679	679	2 Construction Code Supplement or the Inland Construction Code
680	680	3 Supplement as well as standards related to energy efficiency
681	681	4 pertaining to residential construction. The council shall make
682	682	5 recommendations with respect to all matters pertaining to the
683	683	6 implementation of the Alabama Residential Building Code. When
684	684	7 adopted by the board, recommendations of the council shall be
685	685	8 administered by the division.
686	686	9 (b)(1) The council shall consist of 13 members
687	687	10 appointed as provided plus the Commissioner of Insurance or
688	688	11 his or her designee, the State Fire Marshal or his or her
689	689	12 designee, the Director of the Emergency Management Agency or
690	690	13 his or her designee, and the Executive Director of the Home
691	691	14 Builders Licensure Board or his or her designee. Thirteen
692	692	15 members shall be appointed as follows:
693	693	16 a. One member shall be appointed by the Home
694	694	17 Builders Licensure Board.
695	695	18 b. One member shall be appointed by the State Board
696	696	19 of Heating, Air Conditioning, and Refrigeration Contractors.
697	697	20 c. One member shall be appointed by the Governor to
698	698	21 represent the private, investor-owned, electric utility
699	699	22 industry.
700	700	23 d. One member shall be appointed by the Lieutenant
701	701	24 Governor to represent the natural gas industry.
702	702	25 e. One member shall be appointed by the American
703	703	26 Council of Engineering Companies of Alabama.
704	704	Page 26 1 f. One member shall be appointed by the Alabama
705	705	2 League of Municipalities.
706	706	3 g. One member shall be appointed by the Association
707	707	4 of County Commissions of Alabama.
708	708	5 h. One member shall be appointed by the Alabama
709	709	6 Council of the American Institute of Architects.
710	710	7 i. One member shall be appointed by the Home
711	711	8 Builders Association of Alabama.
712	712	9 j. One member shall be appointed by the Code
713	713	10 Officials Association of Alabama.
714	714	11 k. One member shall be appointed by the Commissioner
715	715	12 of Insurance to represent the property and casualty insurance
716	716	13 industry.
717	717	14 l. One member shall be appointed by the State of
718	718	15 Alabama Plumbers and Gas Fitters Examining Board.
719	719	16 m. One member shall be appointed by the Alabama
720	720	17 Rural Electric Association of Cooperatives to represent the
721	721	18 rural electric cooperative industry.
722	722	19 (2) The membership of the council shall be inclusive
723	723	20 and reflect the racial, gender, geographic, cultural, and
724	724	21 economic diversity of the state.
725	725	22 (3) Each of the appointed members of the council
726	726	23 shall be appointed for a five-year term, the term to begin on
727	727	24 September 30, 2022, and may be reappointed for a second
728	728	25 five-year term pursuant to the appointing authority.
729	729	26 (c)(1) The first meeting of the council shall be
730	730	27 called by the executive director of the board no later than
731	731	Page 27 1 November 1, 2022. The executive director shall preside until a
732	732	2 chair and a vice chair are selected by the council. The
733	733	3 council shall elect annually from its own members a chair, a
734	734	4 vice chair, and other officers as it may deem desirable.
735	735	5 (2) The council shall hold meetings as requested by
736	736	6 the board for consideration of code updates. Meetings shall be
737	737	7 held at a time and place as designated or specified in its
738	738	8 rules.
739	739	9 (3) A majority of the members of the council shall
740	740	10 constitute a quorum at all of its meetings, and adoption or
741	741	11 resolution of any business shall require the concurrence of a
742	742	12 majority of all the members of the council. An agenda for the
743	743	13 meetings in sufficient detail to indicate the terms on which
744	744	14 final action is contemplated shall be submitted by the
745	745	15 administrator to the chair, vice chair, and council members
746	746	16 prior to the meeting.
747	747	17 (4) All meetings of the council shall be held in
748	748	18 accordance with the Alabama Open Meetings Act, Chapter 25A of
749	749	19 Title 36.
750	750	20 (d) The administrator of the division shall serve as
751	751	21 ex officio secretary of the council, keep a record of the
752	752	22 proceedings of all council meetings, and shall perform such
753	753	23 other duties as may be directed by the council.
754	754	24 (e) The council may establish committees among its
755	755	25 membership, as it deems necessary, to assist in the conduct of
756	756	26 its business.
757	757	Page 28 1 (f) At the direction of the board, the council shall
758	758	2 do the following:
759	759	3 (1) Propose to the board for consideration of
760	760	4 adoption of an Alabama Residential Building Code.
761	761	5 (2) Evaluate, assess, advise, and counsel the
762	762	6 division and the units of local government on the Alabama
763	763	7 Residential Building Code and the impact of the code upon the
764	764	8 economy and the environment.
765	765	9 (3) Solicit and enlist the cooperation of all
766	766	10 appropriate private-sector and community-based organizations
767	767	11 to implement this section.
768	768	12 (4) Make continuing studies, evaluations, and
769	769	13 surveys, upon the request of the board, of the needs and
770	770	14 impacts of the Alabama Residential Building Code to the units
771	771	15 of local government, industry, and consumers as may result
772	772	16 from its studies.
773	773	17 (5) Submit to the board, on an annual basis, a
774	774	18 written report covering the activities of the council to
775	775	19 include annual data of residential construction and permitting
776	776	20 and inspection activity.
777	777	21 (6) Adopt rules for the conduct of the council
778	778	22 meetings, procedures, and execution of the purpose, functions,
779	779	23 powers, and duties delegated to it by this section.
780	780	24 (7) Conduct a program of public information in order
781	781	25 to inform the units of local government, residential home
782	782	26 builders, and the residents of the state on the importance of
783	783	27 the residential building code.
784	784	Page 29 1 (8) Recommend to the board qualifications and
785	785	2 certification for third party fee-based code inspectors.
786	786	3 Section 5. Neither the council or any municipal,
787	787	4 county, or state governing entity or agency may enact or adopt
788	788	5 an ordinance, rule, bylaw, order, building code, or other
789	789	6 legal device that restricts a consumer's ability to elect to
790	790	7 install, by the consumer's choice and for a fee, a residential
791	791	8 fire sprinkler system in any residence. The board, any
792	792	9 municipal, county, or state governing entity or agency may not
793	793	10 enact or adopt an ordinance, rule, bylaw, order, building
794	794	11 code, or other legal device that would require the
795	795	12 installation of a residential fire sprinkler system in any
796	796	13 residence. A municipality that enacted or adopted any
797	797	14 ordinance, rule, bylaw, order, building code, or other legal
798	798	15 device on or before March 9, 2010, relating to the
799	799	16 installation of a residential fire sprinkler system may
800	800	17 continue to enforce or amend such ordinance, rule, bylaw,
801	801	18 order, building code, or other legal device.
802	802	19 Section 6. Sections 41-23-80, 41-23-81, 41-23-82,
803	803	20 41-23-84, and 41-23-85, Code of Alabama 1975, are amended to
804	804	21 read as follows:
805	805	22 "§41-23-80.
806	806	23 "The Legislature finds that the development,
807	807	24 management, efficient consumption, and conservation of
808	808	25 residential energy resources are of prime importance
809	809	26 throughout this state and this nation. It is also important to
810	810	27 ensure the protection of the economic and environmental values
811	811	Page 30 1 of Alabama's citizens residents. It is the intent of the
812	812	2 Legislature to do each of the following pursuant to this
813	813	3 article:
814	814	4 "(1) Encourage the conservation and efficient use of
815	815	5 residential energy resources within this state's counties and
816	816	6 municipalities.
817	817	7 "(2) Provide a governmental environment that will
818	818	8 promote an initiative for the implementation of the Alabama
819	819	9 Energy and Residential Codes Alabama Commercial Energy Code by
820	820	10 the units of local government.
821	821	11 "(3) Advise and assist the units of local government
822	822	12 in adopting the Alabama Energy and Residential Codes Alabama
823	823	13 Commercial Energy Code and implementing those code provisions
824	824	14 within their boundaries.
825	825	15 "(4) Promote the identification of energy management
826	826	16 technologies available for residential commercial uses, and to
827	827	17 disseminate information to the units of local government about
828	828	18 such technologies and their uses.
829	829	19 "(5) Promote the acceptance and adoption of those
830	830	20 energy management technologies for use in all energy-consuming
831	831	21 residential commercial facilities throughout this state.
832	832	22 "(6) Provide a process for the adoption of modern
833	833	23 building and energy codes by the State of Alabama.
834	834	24 "(7) Provide a process by which the State of Alabama
835	835	25 shall adopt required commercial codes in compliance with
836	836	26 federal law.
837	837	27 "§41-23-81.
838	838	Page 31 1 "The following terms shall have the meanings
839	839	2 respectively prescribed for them, except when the context
840	840	3 otherwise requires:
841	841	4 "(1) ALABAMA ENERGY AND RESIDENTIAL CODES ALABAMA
842	842	5 COMMERCIAL ENERGY CODE. The codes adopted by the board, as
843	843	6 amended by the board, and based on the 2006 Edition of the
844	844	7 International Energy Conservation Code, and ANSI/ASHRAE/IESNA
845	845	8 Standard 90.1-2007 for commercial buildings, and the 2006
846	846	9 International Residential Code published by the International
847	847	10 Code Council, or any subsequent editions, changes, or
848	848	11 recompilations thereof, or any other code which the board
849	849	12 officially adopts.
850	850	13 "(2) BOARD. The Alabama Energy and Residential Codes
851	851	14 Commercial Energy Code Board created by this article.
852	852	15 "(3) DEPARTMENT. The Alabama Department of Economic
853	853	16 and Community Affairs.
854	854	17 "(4) DIVISION. The Energy Division of the Alabama
855	855	18 Department of Economic and Community Affairs.
856	856	19 "(5) UNIT OF LOCAL GOVERNMENT. Any county or
857	857	20 municipality within the State of Alabama.
858	858	21 "§41-23-82.
859	859	22 "(a) The Alabama Energy and Residential Codes
860	860	23 Commercial Energy Code Board is established.
861	861	24 "(b) The board shall consist of 15 13 members
862	862	25 appointed by the Governor and two additional members, numbered
863	863	26 16 14 and 17 15, appointed by the Chair of the Permanent Joint
864	864	27 Legislative Committee on Energy Policy. The members appointed
865	865	Page 32 1 by the Governor shall be legal residents of the state, and
866	866	2 shall be selected on the basis of their representation of the
867	867	3 following organizations, industries, entities, and
868	868	4 professions:
869	869	5 "(1) One member shall represent the Home Builders
870	870	6 Association.
871	871	7 "(2)(1) One member shall represent the Board of
872	872	8 General Contractors.
873	873	9 "(3)(2) One member shall represent the State Board
874	874	10 of Heating, Air Conditioning, and Refrigeration.
875	875	11 "(4)(3) One member shall represent the private,
876	876	12 investor-owned, electric utility industry.
877	877	13 "(5)(4) One member shall represent the rural
878	878	14 electric cooperative industry.
879	879	15 "(6)(5) One member shall represent the natural gas
880	880	16 industry.
881	881	17 "(7)(6) One member shall be a licensed professional
882	882	18 engineer.
883	883	19 "(8)(7) One member shall represent municipalities.
884	884	20 "(9)(8) One member shall represent county
885	885	21 governments.
886	886	22 "(10)(9) One member shall represent the Alabama
887	887	23 Council, American Institute of Architects.
888	888	24 "(11)(10) One member shall represent the Alabama
889	889	25 Liquefied Petroleum Gas Board.
890	890	Page 33 1 "(12)(11) One member shall represent the
891	891	2 International Code Council (ICC) Alabama Chapter, Code
892	892	3 Officials Association of Alabama.
893	893	4 "(13) One member shall represent the Home Builders
894	894	5 Licensure Board.
895	895	6 "(14)(12) One member shall represent the Alabama
896	896	7 Joint Fire Council.
897	897	8 "(15)(13) One member shall represent the Property
898	898	9 and Casualty Insurance Industry.
899	899	10 "(16)(14) One member shall be a Senate member of the
900	900	11 Permanent Joint Legislative Committee on Energy Policy
901	901	12 selected by the chair of the committee.
902	902	13 "(17)(15) One member shall be a House of
903	903	14 Representatives member of the Permanent Joint Legislative
904	904	15 Committee on Energy Policy selected by the chair of the
905	905	16 committee.
906	906	17 "(c) Each member appointed by the Governor shall be
907	907	18 selected from a list of three candidates provided to the
908	908	19 Governor by the division from each entity listed above. Board
909	909	20 appointees shall be selected on the basis of their interest in
910	910	21 problems concerning residential commercial energy resources,
911	911	22 consumption, and conservation, and without regard to political
912	912	23 affiliation. Appointments shall be of such a nature as to aid
913	913	24 the work of the board and to inspire the highest degree of
914	914	25 coordination and cooperation. All members of the board shall
915	915	26 be deemed members at-large charged with the responsibility of
916	916	27 serving the best interests of the board, the division, the
917	917	Page 34 1 units of local government, and the state. No member shall act
918	918	2 as the representative of any particular region, United States
919	919	3 congressional district in Alabama, or state Senate or
920	920	4 legislative district in Alabama.
921	921	5 "(d) The board shall exercise authority with respect
922	922	6 to all matters pertaining to the acceptance, adoption, and
923	923	7 implementation of the Alabama Energy and Residential Codes
924	924	8 Commercial Energy Code by the State of Alabama. Decisions of
925	925	9 the board shall be administered by the chief of the division
926	926	10 with the assistance of such other officers and department
927	927	11 employees as are deemed necessary to carry out the purpose,
928	928	12 functions, duties, and activities of the board.
929	929	13 "(e) The membership of the board shall be inclusive
930	930	14 and should reflect the racial, gender, geographic,
931	931	15 urban/rural, and economic diversity of the state.
932	932	16 "(f) This article shall not apply to the erection or
933	933	17 construction of a farm structure. The term farm structure, for
934	934	18 the purposes of this act, means a structure that is
935	935	19 constructed on a farm, other than a residence or a structure
936	936	20 attached to it, for use on the farm including, but not limited
937	937	21 to, barns, sheds, and poultry houses. A farm structure does
938	938	22 not include a structure originally qualifying as a farm
939	939	23 structure but later converted to another use.
940	940	24 "§41-23-84.
941	941	25 "(a) The first meeting of the board shall be called
942	942	26 by the chief of the division as soon as is practicable after
943	943	27 July 31, 1995. The division chief shall preside until a chair
944	944	Page 35 1 and a vice chair are selected by the board. The board shall
945	945	2 elect annually from its own members a chair, a vice chair, and
946	946	3 such other officers as it may deem desirable, and shall adopt
947	947	4 rules for its organization in the conduct of its business.
948	948	5 "(b) The board shall hold a regular meeting at least
949	949	6 once during each calendar year at a time and place as
950	950	7 designated or specified in its rules. Special or additional
951	951	8 meetings may be held on a call of the chair, upon a call
952	952	9 signed by at least seven members, or upon a call by the
953	953	10 division chief.
954	954	11 "(c) A majority of the members of the board shall
955	955	12 constitute a quorum at all its meetings, and adoption or
956	956	13 resolution of any business shall require the concurrence of a
957	957	14 majority of all the members of the board. An agenda for the
958	958	15 meetings in sufficient detail to indicate the terms on which
959	959	16 final action is contemplated shall be mailed provided by the
960	960	17 division chief to the chair, vice chair, and board members at
961	961	18 least 30 days prior to the meeting.
962	962	19 "(d) The division chief shall serve as ex officio
963	963	20 secretary of the board, shall keep a record of the proceedings
964	964	21 of all board meetings, and perform such other duties as may be
965	965	22 delegated by the board. The division chief shall not receive
966	966	23 any additional compensation for the performance of those
967	967	24 duties on the board or pursuant to this article.
968	968	25 "(e) The board may establish committees among its
969	969	26 membership, as it deems necessary, to assist in the conduct of
970	970	27 its business. Subcommittees shall include representation from
971	971	Page 36 1 suppliers or others interested in the subject matter assigned
972	972	2 to the subcommittees, or both.
973	973	3 "(f) All meetings of the board shall be held in
974	974	4 accordance with the Alabama Open Meetings Act, Chapter 25A of
975	975	5 Title 36.
976	976	6 "§41-23-85.
977	977	7 "(a) The board shall exercise authority with respect
978	978	8 to all matters pertaining to the acceptance and adoption, and
979	979	9 implementation of the Alabama Energy and Residential Codes
980	980	10 Commercial Energy Code by the State of Alabama. In so doing,
981	981	11 the board may perform any of the following functions:
982	982	12 "(1) Review, amend, and adopt the Alabama Energy and
983	983	13 Residential Codes Commercial Energy Code. The board shall
984	984	14 consider updates and changes to the codes referenced herein no
985	985	15 less than two years after the date of publication of the most
986	986	16 recent version of the codes.
987	987	17 "(2) Evaluate, assess, advise, and counsel the
988	988	18 division and the units of local government, on residential
989	989	19 energy codes and the impact of those codes upon the economy
990	990	20 and the environment.
991	991	21 "(3) Solicit and enlist the cooperation of all
992	992	22 appropriate private-sector and community-based organizations
993	993	23 to implement the purpose of this article.
994	994	24 "(4) Make recommendations to the division for the
995	995	25 enactment of additional legislation as it deems necessary
996	996	26 which proposes to further enhance the capabilities of the
997	997	27 state and the units of local government in accepting,
998	998	Page 37 1 adopting, and implementing the Alabama Energy and Residential
999	999	2 Codes Commercial Energy Code, and in meeting the need for
1000	1000	3 increasing residential energy resources and conservation due
1001	1001	4 to trends in residential population and the change in
1002	1002	5 technical requirements of the economy.
1003	1003	6 "(5) Make continuing studies, on its own initiative
1004	1004	7 or upon the request of the division, of the residential energy
1005	1005	8 resources, conservation, and consumption needs throughout the
1006	1006	9 state, and issue those reports to the division and to the
1007	1007	10 units of local government as may result from its studies.
1008	1008	11 "(6) Submit to the chief of the division, on an
1009	1009	12 annual basis, a written report covering the activities of the
1010	1010	13 board.
1011	1011	14 "(7) Make rules and regulations for the conduct of
1012	1012	15 its board meetings, procedures, and execution of the purpose,
1013	1013	16 functions, powers, and duties delegated to it by this article.
1014	1014	17 "(8) Conduct a program of public information in
1015	1015	18 order to inform the units of local government and the citizens
1016	1016	19 residents of the state on the importance of residential and
1017	1017	20 commercial energy codes, conservation, and consumption.
1018	1018	21 "(9) Identify any and all resources needed or
1019	1019	22 required for the board to implement the purpose, functions,
1020	1020	23 powers, and duties of this article.
1021	1021	24 "(b) The division shall be responsible for taking
1022	1022	25 action upon any and all recommendations to which the board may
1023	1023	26 from time to time submit.
1024	1024	Page 38 1 "(c)(1) Except as provided in this section, any code
1025	1025	2 adopted by any state or county entity or agency after March 9,
1026	1026	3 2010, shall not conflict with the codes adopted by the board.
1027	1027	4 A county entity or agency may elect to amend the Alabama
1028	1028	5 Energy and Residential Codes Commercial Energy Code as local
1029	1029	6 conditions require, but shall not make any amendment to
1030	1030	7 mandate residential fire sprinklers or to provisions which are
1031	1031	8 mandated or required by any federal law or federal regulation.
1032	1032	9 "(2) As of March 9, 2010, any municipality which
1033	1033	10 does not have a code in effect adopted pursuant to Section
1034	1034	11 11-45-8 shall not adopt any energy or residential code other
1035	1035	12 than the Alabama Energy and Residential Codes adopted by the
1036	1036	13 board or any newer versions thereof. Provided, however, a
1037	1037	14 municipality may elect to amend the Alabama Energy and
1038	1038	15 Residential Codes Commercial Energy Code as local conditions
1039	1039	16 require, but shall not make any amendment to mandate
1040	1040	17 residential fire sprinklers or to provisions which are
1041	1041	18 mandated or required by any federal law or federal regulation.
1042	1042	19 "(3) Except as provided in subsection (d), nothing
1043	1043	20 contained in this article shall apply to any municipality with
1044	1044	21 a code adopted pursuant to Section 11-45-8 in effect as of
1045	1045	22 March 9, 2010, nor shall it prevent any such municipality from
1046	1046	23 making any changes or amendments to existing codes after March
1047	1047	24 9, 2010. Provided, however, that a municipality shall not make
1048	1048	25 any amendment to provisions which are mandated by any federal
1049	1049	26 law or federal regulation.
1050	1050	Page 39 1 "(d) A municipal, county, or state governing entity
1051	1051	2 or agency may not enact an ordinance, rule, bylaw, order,
1052	1052	3 building code, or other legal device that would restrict a
1053	1053	4 consumer's ability to elect to install, by the consumer's
1054	1054	5 choice and for a fee, a residential fire sprinkler system in
1055	1055	6 any new or existing one-family or two-family dwelling. A
1056	1056	7 municipal, county, or state governing entity or agency may not
1057	1057	8 enact an ordinance, rule, bylaw, order, building code, or
1058	1058	9 other legal device that would require the installation of a
1059	1059	10 residential fire sprinkler system in any new or existing
1060	1060	11 one-family or two-family dwelling. Provided, however, all
1061	1061	12 municipalities governed by subdivision (3) of subsection (c)
1062	1062	13 which have enacted any ordinance, rule, bylaw, order, building
1063	1063	14 code, or other legal device as of March 9, 2010, relating to
1064	1064	15 the installation of a residential fire sprinkler system may
1065	1065	16 continue to enforce or amend such ordinance, rule, bylaw,
1066	1066	17 order, building code, or other legal device."
1067	1067	18 Section 7. This act shall become effective on July
1068	1068	19 1, 2022, following its passage and approval by the Governor,
1069	1069	20 or its otherwise becoming law.
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